Oxbridge ‘can retire old staff to aid diversity’
Other universities could follow suit after professor forced out at the age of 67 loses discrimination case
OXFORD and Cambridge universities can force old professors to retire in order to boost diversity, a ruling suggests.
Prof John Pitcher, a leading Shakespeare scholar and fellow at St John’s, Oxford, claimed he had been unfairly pushed out at 67, for younger and more ethnically diverse academics.
He sued the college and university for age discrimination and unfair dismissal, claiming loss of earnings of £100,000, but the tribunal judge dismissed both claims.
Prof Pitcher had worked at St John’s had wanted to continue beyond the university’s imposed retirement age, which at the time was 67. But the academic, now 70, said he was “forcibly retired” under its employer-justified retirement age (EJRA) policy.
Prof Pitcher had argued it was “humiliating” to have to reapply for his job after “decades of impeccable service”. He said he had to “satisfy an unreasonably high threshold test” by proving he was “virtually indispensable”.
Default retirement at 65 was ended in 2011 but an employer can set their own compulsory retirement age if it is in the interests of the institution.
Oxford says its finishing age for senior academics – now raised to 68 – promotes “intergenerational fairness and improvements in diversity”. Academics can apply to work beyond it in “exceptional circumstances”, such as to complete a particular project or duty.
Legal experts have said other universities may follow suit and enforce retirement ages after the judgment.
Judge Stephen Bedeau said Prof Pitcher’s case “exemplifies” the “muchvexed question” for employers of how to create opportunities “for the advancement of those in its workforce from different backgrounds to achieve their full potential” while “balancing the needs and interests of those in senior positions who desire to remain”.
John Bowers QC, principal of Brasenose, Oxford and an expert in employment law, called the case “very significant”. “It provides a thorough vindication of the university and college position. There is a strong feeling that the only way to keep refreshing the diversity of the academic community is to keep a retirement age.”
Cambridge and St Andrew’s are the only other major British universities with EJRA. Jahad Rahman, a partner at Rahman Lowe Solicitors, said the ruling might pave the way for others: “This decision gives them the authority to do away with older professors who have been in the job a long time.”
An impact assessment before Oxford began the EJRA in 2011 said enforcing retirement would cut the number of old, white and male staff and increase young, female and black, Asian and minority ethnic academics.
An Oxford University spokesman said it welcomed the judge’s comments in support of its EJRA procedure. Prof Pitcher declined to comment. He has six weeks to appeal the tribunal ruling.